QUESTION

Should my case be dismissed? And what evidence is need to convict for Unlawful Consumption of Alcohol by a Minor?

Asked on Oct 10th, 2013 on Criminal Law - Illinois
More details to this question:
I was at a college in Illinois visiting my sister. I went to a fraternity and could not find my way back to my sister's apartment. One guy I was hanging with at the fraternity asked me if I wanted to stay the night at his place. I graciously accepted, and we went to sleep in the basement of his house. I was awoken in the morning by an older gentleman asking who I was. I told him that I came here with another guy last night who invited me to spend the night. I was asked to leave, so I did. However, there were police outside, and the "homeowner" decided to press charges against me for Criminal Trespassing. Anyways, I went to court the other day, and plead not guilty. The person pressing the charges against me was NOT present. The judge also said I had a charge of "Unlawful Consumption of Liquor by a Minor"... I was never breathalyzed or blood tested, so I don't know where they have this evidence. Do they have any right to charge me with "Unlawful Consumption of Liquor by a Minor" with no present evidence? And shouldn't my charges for Criminal Trespassing be dismissed if the accuser is not present? Since I plead not guilty, the judge gave me another court date, without even hearing my story or reading the police report.
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1 ANSWER

Criminal Law Attorney serving Naperville, IL at Law Office of Ken Wang
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They can charge you with it if a reasonable person would believe you were drinking. Usually just your breath smelling like alcohol is enough. Other facts could be you stumbling, vomitting, glassy/blood shot eyes, or slurred speech. Your accusor does not need to be present until your trial. If you do not understand what is going on, you should hire a private attorney, or if you can not afford one, you should request a public defender.    
Answered on Oct 13th, 2013 at 7:43 PM

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